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Section 8 appealed and set aside by tenant

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Author Topic: Section 8 appealed and set aside by tenant  (Read 176 times)
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« on: February 07, 2020, 12:59:46 PM »

Dear All
I have a 6month assured tenancy agreement with a tenant started in July 26th and ended Jan26th. He payed one months rent then when moved in on the day  complained about the garden which he hadnt mentioned before moving in wanting the grass to be returfed so his children can  play . After discussion of one week where the managing agent went to see the property first to review the garden I tried to get 4 quotes for the job starting from Aug 6th , he messed around the contractors not allowing access and viewing ( have text and email evidence) then I asked the managing agent out of frustration to find a contractor which they did September but again he messed them around and the job was not completed until November.I paid 550 for this work despite him not paying any  rent after the first month. After 2 month rent arrears I put in a section 8, his excuses were pay is a few weeks late initially then wont pay until garden done.
After the garden was completed rent is not payed in full, very clever allowing it to be just beneath the 2 months. At the court hearing  Jan 3rd he did not attend but was over 2 months rent arrears so I was successful and got a court order for eviction. He did not leave on the 17/1 the date and was about to apply for county bailiffs only to find he wrote a letter to the judge saying his child was poorly! and complained about wrongful eviction and disrepair. They have now set aside the judgement and will have to reattend court later in February.  Looking at the childs GP notes from the day after the hearing  I am medical and the child had cold sores only but he is exagerating saying he was in and out of A/E with a sick child with a temperature and tried to call the court.
Anyway now the tenancy agreement has lapsed luckily it was only 6 months and in November we did put a section21 out at the time too.
I am not sure what to expect I am horrified how this chancer has manipulated everything and now have to return to court and he may well be successful or unsuccessful . I have asked the solicitor that if he is unsuccessful that is he barred from reappealing but this may or maynot be granted I hear.
my  questions are:
1)What is the likely outcome? any advise?

2)Also I will attend again and the solicitor has asked for the managing agent to attend they charge 250 plus VAT/hr plus travelling,parking costs - this is astronomical if it drags on like the last one with delays where I was there for 3 hours thats over another months rent ! Can managing agents charge that much ? This is over the cost of the hourly rate of a solicitor. I have rental insurance luckily but they wont cover the managing agents fees.
Has anyone else paid an agent to attend and what is the going rate as I want to negotiate with them

I am very stressed and this is my first ever eviction over 15 years of renting this property and am shocked how a seemingly straightforward case doesnt seem to be.
Any advise I would be so welcome.

Also he has registered the address on company house to a company who the director is someone else! I have investigated with my neighbours and he doesnt appear to be subletting. We have asked him about this and he says it his brother despite not having the same surname or nationality!   When confronted by this he said its his cousin and he would change this but hasnt as yet- another breach of contract!
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« Reply #1 on: February 10, 2020, 11:05:25 AM »

Advice?

To me, your head seems to be in a spin. Granted that you want to get your point across as to all the various nefarious things this Tenant has been up to... but, just like your Section 8 focused on the rent arrears, I would do that yourself too - by that I mean - focus and not worry about all this other 'noise' stuff going on. Now that your Section 8 has ridden into complications... well, I'd be tempted to go the Section 21 route... (while you can)... as it's more guaranteed and all the 'noise' from his side about child, disrepair, gardens, companies etc. also becomes moot.

I think that's what I would do - I would simplify the situation you find yourself in, and sit back and be patient. I would batten down the hatches until you get the result you must get, if you now follow the Section 21 route. If you take advice that tells you your Section 8 will succeed, without further hindrance, then you could go with it... but I am, personally, not a fan from everything I have learned over the years. I think this could be long and costly - but it might allow you to de-stress, because (unless there's something you've not done correctly yourself?) the Section 21 will succeed and, in the end, you will win.
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